The Steps Involved in Being Accepted for an H-2B Visa

Apply for a H-2B visa so that you can work overseas. Meet the requirements in order to qualify. Consult with an employer beforehand. Here is what you need to know below.

What A H-2B Visa Is

The H-2B visa program allows overseas workers within certain non-agricultural industries to come over to the United States to work.

Know that this is a non-immigrant type of visa, which means there is a set limit on how long someone holding this visa can stay in the country.

The Application Process

Remember that you will go through a rigorous application process. It can take you a few months to complete it in some cases. Understand that you need to work with an employer who can sponsor your application, as you will need a job lined up. Employers will need to work with a legal team, to complete the application.

The first step will be to find an employer looking to hire seasonal workers. Know that they expect you to have skills within the trade, or transferable skills to a specific industry. Ensure that your potential employer will start working with the U.S. Department of Labor to officially begin the process.

Submit a Prevailing Wage Determination form, also known as a PWD. This will need to be done before filing the physical job order with the SWA, which is the State Workforce Agency. Form ETA-9142B is a temporary labor certification that goes to the Department of Labor showing the intent of the employer to hire a worker. Hiring from overseas means they will also need to apply via the U.S. Citizenship and Immigration Services.

Make sure both you and your employer are working with immigration attorneys who understand the visa process. Secure the visa by working with Farmer Law PC who specialize in immigration and can work with you to gain your overseas employees a H-2B visa. Consult them because they can explain every facet of immigration law. You will need expert legal advice to do the process from either an employee or employer’s point of view.

What Your Employer Needs To Do

Your employer will have more to do once you’ve completed the H-2B visa. Once an employee has been granted entry into the country, they will need to notify the U.S. Citizenship and Immigration Services within a couple of days if something unique happens.

Employers will contact the USCIS if a H-2B visa holder fails to report to work within the first five days of their employment. Employers have ongoing requirements such as this to ensure everyone is accounted for.

They will also need to be notified if a H-2B visa holder leaves their employment without any notice, and again fails to report to work for five consecutive days without consent. If an overseas worker is terminated before they have completed the job they were hired to do, or if they finish the work ahead of time, that means that the employer will need to tell the USCIS.


Jeff Campbell